Summary:
Prior to the submittal of construction and permitting documents, a proposed development will undergo Site Plan Review. In this phase, the conceptual development program is reviewed for compliance with the Zoning Ordinance and any associated conditions, Design Review Manual, infrastructure guidelines and all other relevant codes and ordinances. A multitude of factors are assessed including drainage, building setbacks, parking, fire access, ingress/egress, architectural / site design, and others. This phase ensures that the conceptual plan is compliant before detailed construction and civil plan review documents are drawn up.
Site Plan Review applications are reviewed and approved administratively by staff from multiple city departments. This process takes into consideration the proposed design, the function, location, operational aspects for the type of use, and compatibility of the proposal with the surrounding area to ensure that individually, and cumulatively, any potential adverse impacts are mitigated if appropriate, and to protect and promote the public health, safety, and general welfare.
In short, this a technical review with objective decision criteria.
Regulations within Section 21-320 of the Zoning Ordinance identify how city staff review a Site Plan application. If collectively city staff determines the proposal in conformance with the stated criteria, then the Zoning Ordinance gives the authority to the City to grant Site Plan Approval and/or impose such conditions and safeguards as deemed necessary to satisfy the provisions of the Zoning Ordinance. Additionally, the Zoning Ordinance allows an appeal to be filed if a party believes an error was made in a decision or determination in the enforcement of the Zoning Ordinance or applicable regulatory requirements.
Currently, the Zoning Ordinance permits "the applicant or any member of the public" to file an appeal of a decision to approve or deny a Site Plan. Such appeals are then forwarded to the Planning and Zoning Commission for a final decision. Moreover, the Ordinance does not currently provide any limitations as to what constitutes a valid appeal. Unfortunately, because any simple objection constitutes a valid appeal, projects may be subject to undue delay particularly if the basis of the appeal is not applicable to the purview of a Site Plan.
Historically, the City has received very few Site Plan appeals, although this number has risen in the last few years. Currently, the vast majority of site plan appeals being heard by the Planning and Zoning Commission are filed by aggrieved persons disapproving of a particular use, which is something that would have been determined previously through the rezoning process. When this occurs, the appellant is often dissatisfied by the outcome, possibly feeling misled by the stated right to appeal, and the Commission often finds itself hearing an appeal, but having very limited authority to act in favor of the appellant, thereby frustrating the Commissioners, the applicant, the appellant, and the site plan process as a whole.
The City of Peoria’s current standards for Site Plan Review have remained largely unchanged since their adoption by City Council. The subject amendment seeks to modernize the code through the following:
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Align potential appellants to a Site Plan case to be the applicant and property owners with the notification radius (300 feet for Site Plan Review). The notification radius is seen as the "impact area" of the site plan request.
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Refine the process by allowing the Department Director to determine when site plan appeals are valid and the appropriate hearing officer for the appeal.
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Realign the designated hearing officer with the technical nature of the appeal.
The proposed amendment provides a more user-friendly ordinance, which clarifies the site plan review and approval criteria, along with aligning filing deadlines with the city’s stated hours of operation. More importantly, the proposed refinements streamline the appeal process, while ensuring that appeals are conducted in a fair and expeditious manner that protects the rights of all parties.